Being overstayed in The US

If there was nothing more than an overstay on the F-1 visa status and USCIS did not give you a denial or revocation of that or a further status, and you were never the subject of removal proceedings in which you received an unfavorable decision of the immigration court, you would not be subject to the 10 year bar for overstay. Under those circumstances, you might be able to travel overseas and return with a nonimmigrant or immigrant visa. I note that an American consular officer may be reluctant to give you a nonimmigrant visa based on discretion like B-1/B-2 visitor or F-1 student. Because you are no longer legal in the United States, you would not be allowed to regain valid nonimmigrant status except to leave and return. You would generally also not be allowed to adjust status to permanent residence here unless you married a US citizen or had a USC child over the age of 21 sponsor you or you are the beneficiary of §245(i) which allows adjustment to undocumented immigrants who have a basis for such and had a labor certification or immigrant petition filed on their behalf by April 30, 2001, and last entered the US by December 21, 2000. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.